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A Denver Birth Injury Attorney Can Help You File a Claim The birth of a child should be a joyful time. However, medical mistakes during the birth process can result in serious birth injuries. These injuries can cause long-lasting damage and can be costly for families. A Denver birth injury lawyer in Denver can help parents get compensation for the ongoing care of their child. An action can be filed any time prior to the minor's eighth birthday. Birth Injury Causes Medical malpractice occurs when doctors or other health care professionals deviate from accepted medical practices, causing injury or death. Medical negligence during childbirth, which can cause astronomical medical costs and loss of income, as well as the inability to meet the basic needs of your child, is one of the most preventable birth injuries. A seasoned Denver birth injury lawyer such as Laura Brown can help you fight for your child's rights to compensation. There are many kinds of birth injuries, but one of the most prevalent involves oxygen deprivation (anoxia). This type of birth injury can cause irreparable brain damage that can affect the child's physical, mental, and emotional functioning. It can also lead to developmental delays, impulsive behavior, and learning difficulties. Another form of birth injury is nerve damage. chicago birth injury attorneys can include nerve injuries in the brachialplexus that extend from the spine to the shoulder, arm and neck. These injuries can result in a loss of function in the arms, hands and fingers. They can also lead to the condition known as Erb's palsy. These injuries are often caused by a problem that occurs during delivery called shoulder dystocia, in which the baby is stuck in the birth canal and forces are applied to try to get the baby out. This can be caused by nurses, doctors or midwife not properly handling the situation, causing injury to the brachialplexus. Other injuries include a lack blood flow to the foetus poor oxygenation during birth, inadequate intubation, airway obstructions, high bilirubin levels and stress in the fetus. Fetal distress can be identified by a simple test called the Apgar score. This test measures the newborn's skin color and muscle tone, breathing, and heart rate following birth. Some birth injuries require immediate medical attention, while others are not detectable until months or even years after the baby is born. A lot of birth injuries are not recognized, such as subgaleal haemorrhages and skull fractures. For example brain imaging may reveal the presence of conditions such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy. Medical Malpractice Medical negligence or malpractice is the reason for many birth injuries. These lawsuits assert that doctors, nurses or another healthcare professional violated their obligation to take care of the mother and child through their actions or failure to act. A lawyer can help parents in constructing a solid case by looking over the medical records of a patient and retaining experts to testify. These medical professionals can provide evidence to prove that the actions of a healthcare professional or lack thereof, harmed a patient. These experts in medicine often testify that a doctor's or the actions of a healthcare professional fell below the standard of care in their field. They will also offer opinions on the injuries that a healthcare provider should have been able to prevent. The attorney will then utilize this information to bargain with the doctor or hospital to reach a settlement. In many cases the hospital or doctor will settle before a trial. They may settle to safeguard their reputation and avoid negative publicity. If the hospitals or doctors refuse to accept a settlement, a lawyer could make a claim for medical malpractice in the court. When the lawsuit is filed, parents will become plaintiffs, and the doctors, nurses and other medical professionals become defendants. Lawyers will begin the discovery process, which involves sharing all the evidence that supports the case. They will also take depositions, which are sworn statements. The attorneys will argue that the defendants were negligent in not adhering to a certain standard of care in their work, and that this negligence led to the injury of the child. They will request compensation for the losses resulting from the injury that include medical bills, lost earnings and other expenses. A jury or judge can also award additional damages that include non-economic losses, like pain and suffering. In some cases, juries and judges can also award punitive damages that is intended to penalize defendants for their extreme negligence or disregard. An experienced Denver birth injury attorney can help parents understand their rights and fight for fair settlement to cover medical expenses as well as therapy costs and other expenses related to injuries. They can assist families in determining the total value of their losses, and pursue a medical malpractice lawsuit against the negligent healthcare providers. Statute of Limitations If a medical professional fails to provide an infant or mother with the standards of medical attention during labor and delivery, and the resulting injuries lead to life-altering consequences, victims can bring an action. A birth injury lawyer can help families file a successful claim to obtain the cost of medical bills, lost wages (if parents have to take time off work to care for the child), and more. Since the law in each state sets deadlines for when victims are able to make an action, it's essential to speak with an attorney for birth injuries immediately following the occurrence of a medical error in the delivery process. An experienced lawyer can assist clients understand the timeframe for filing a claim, and can also effectively argue for extensions when needed. A lawyer can begin to build a strong case for damages once they have taken on the case. They will collect the evidence needed. This can include medical records of the mother as well as the child, as well as the testimony of experts. These experts can explain the standards of care that apply in this particular situation, as well as demonstrate how the medical provider's actions were different from the norm. Depending on the severity of a victim's injuries, a lawyer may also be able to argue for compensation damages. These could include non-economic as well as economic damages, such as pain and suffering, emotional distress, disability as well as loss of enjoyment life, and more. In some cases the lawyer may demand punitive damages to punish the defendant and serve as a deterrent to others. Victims of birth injuries often have multiple claims against various defendants, such as doctors, nurses, midwives, and other medical professionals. A birth injury law firm can conduct an investigation to determine who is accountable for malpractice and who is accountable. They can then pursue maximum compensation for the victim and their family. The total amount of damages that can be awarded in a successful medical malpractice lawsuit is governed only by the state laws however, they may include all personal and financial losses that have occurred as a result of the accident. Compensation Birth injuries can range from minor injuries such as broken bones to more serious injuries that affect the child's health over the long run. Some of the most severe medical birth injuries are cerebral palsy and hypoxic encephalopathy (HIE). When a baby is deficient in oxygen the brain and other vital tissues are unable to receive the nutrients needed to function effectively. Many factors can cause deficiency of oxygen during labor and delivery such as a prolonged or difficult pregnancy, as well as the use of the vacuum during the birth process. A Denver birth injury lawyer in Denver can assist victims and their families bring a lawsuit against accountable parties for the damages caused by the accident, such as medical expenses, lost wages, and pain and suffering. A claim can also assist in the payment of specialized equipment and therapy programs that might be required for the child's care. It is crucial to engage an attorney who is local to your area since it will decrease the amount of time that has to be spent traveling back and forth for meetings as well as court dates and other legal procedures. Local law firms will also be more familiar with the medical experts involved in the birth of your child. They will be more likely to know whether they have had previous issues or had a history of malpractice or negligence. Medical malpractice claims can be complicated and expensive insurance companies frequently attempt to minimize liability by blaming victims for the accidents. An experienced lawyer for birth injuries will investigate the case and determine what happened which party is responsible, and how much the injury is worth. A lawyer can also take on the burden of preparing the case which is usually very time-consuming and requires expert testimony from doctors and other qualified professionals. Lastly, a lawyer will ensure that the statute of limitations is adhered to and that the correct medical records are collected before filing an action. The sooner you contact an attorney in Denver the sooner you can get in touch with an attorney in Denver. The attorney will review your claim and gather the evidence needed to build a strong compensation case. Medical documents, expert witness statements, and other documents are necessary to prove the injury suffered by your child was the result of an medical professional's negligent actions. Consult an experienced Colorado birth injury lawyer today to find out the amount your case is worth.